Western Australia: Restraining Orders Act 1997 (WA)

Western Australia Restraining Orders Act 1997 Western Australia Restraining Orders Act 1997 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Terms used: family relationship and family member 1 5. Term used: family order 1 5A. Term used: family violence 1 6. Term used: personal violence 1 6A. Term used: exposed 1 7. Persons protected, and bound, by order to be natural persons 1 7A. Orders under this Act imposing restraints 1 8A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 1 Part 1A — Restraining orders generally 8. Explanation about orders to be given 1 9. Fixing a hearing 1 10. Preparation and service of orders 1 Part 1B — Family violence restraining order 10A. Objects 1 10B. Principles to be observed in performing functions in relation to FVROs 1 10C. FVRO to specify names of person bound, and person protected, by order 1 10D. When FVROs may be made 1 10E. FVRO may be made for child in circumstances of family violence 1 10F. Matters to be considered by court generally 1 10G. Restraints on respondent 1 10H. Conduct agreement 1 Part 1C — Behaviour management order Division 1 — Preliminary 10I. Terms used 1 10J. Objects 1 10K. Application of Part 1 Division 2 — Eligibility assessment order 10L. Making an eligibility assessment order 1 10M. Order to attend behaviour change programme 1 10N. Effect of appeal against final order 1 Division 3 — Procedures relating to behaviour management order 10O. Notice of hearings 1 10P. Approval of persons and of behaviour change programme 1 10Q. Eligibility assessor may be required to attend hearing 1 10R. Disputed eligibility assessment report 1 10S. Explanation of behaviour management orders 1 10T. Variation or cancellation of behaviour management orders 1 10U. Service of orders 1 Division 4 — Other matters 10V. Respondent's participation in behaviour change programme 1 10W. Respondent's contravention of behaviour management order 1 10X. Confidentiality of interviews and reports 1 10Y. Confidentiality of behaviour change programme 1 10Z. Delegation 1 Part 2 — Violence restraining order 11. VRO to specify names of person bound, and person protected, by order 1 11A. When VROs may be made 1 12. Matters to be considered by court generally 1 12A. VROs not for persons in family relationship 1 13. Restraints on respondent 1 Part 2A — Provisions for FVRO and VRO Division 1AA — Additional circumstances where orders may be made 13A. Cases involving violent offences 1 Division 1 — Orders relating to firearm items and explosives 14. Firearms order 1 14A. Explosives order 1 Division 1A — Duration of orders 16. Duration of FVRO or VRO generally 1 16A. Duration of FVRO 1 16B. Duration of VRO 1 Division 2 — Telephone applications 17. Authorised magistrates 1 18. Who can apply 1 19. How to make telephone application 1 20. When telephone application may be heard 1 21. How hearing to be conducted 1 23. Orders at telephone hearing 1 24. Telephone order to be prepared and served 1 Division 3 — Applications in person to a court 24A. Application for FVRO 1 25. Application for VRO 1 26. Applicant to choose whether to have hearing in absence of respondent 1 27. Attendance at hearing in absence of respondent 1 28. Affidavit evidence 1 29. Order at hearing in absence of respondent 1 30. Order to be prepared and served 1 Division 3A — Police officers may make police orders where family violence 30A. When police order may be made 1 30B. Matters to be considered by police officer generally 1 30C. Restraints that may be imposed 1 30D. Police orders against children 1 30E. Police order to be served and explained 1 30F. Duration of police orders 1 30H. Order not to be renewed by police officer 1 30I. Review of Division 1 Division 4 — Procedure when interim order made 31A. Term used: respondent 1 31. 21 days for respondent to object 1 32. Respondent does not object to final order being made 1 33. Respondent objects to final order being made 1 Part 3 — Misconduct restraining order 34. Grounds for misconduct restraining order 1 35. Matters to be considered by court generally 1 35A. MROs not for persons in family relationship 1 36. Restraints on respondent 1 37. Duration of MRO 1 38. Application for MRO 1 39. Registrar to fix hearing and issue summons 1 Part 4 — Hearings and evidence Division 1 — Mention hearings 40. Attendance at hearing 1 41. Consent order or final order hearing to be fixed 1 Division 2 — Final order hearings 42. Attendance at final order hearing 1 43. Making final order 1 43A. Decision under s. 42 in default of appearance may be set aside 1 44. Order to be prepared and served 1 Division 3 — Evidence 44A. Rules of evidence not to apply in certain circumstances 1 44B. Access to affidavit evidence 1 44C. Cross‑examination of certain persons 1 Division 4 — Other provisions to protect applicants 44D. Support and other persons who may be present 1 44E. Use of closed circuit television or screening arrangements 1 44F. Additional provisions relating to FVROs 1 Part 5 — Variation or cancellation 45. Application 1 45A. Application by CEO (child welfare) 1 46. Leave hearing 1 47. Registrar to issue summons 1 48. Attendance at hearing 1 48A. Ex parte application to cancel order by person protected by order 1 49. Variation or cancellation 1 49A. Correcting minor errors in restraining orders 1 49B. Matters to be considered by court generally 1 49C. Variation of application to allow a different order to be sought 1 Part 5A — Conferences 49D. Special conference procedures 1 Part 6 — General Division 1 — Children 50. No restraining orders against children under 10 1 50A. Restraining order against child not to exceed 6 months 1 50B. Child welfare laws not affected 1 50C. CEO (child welfare) to be notified before certain FVROs or VROs are made 1 50D. Intervention by CEO (child welfare) 1 51. Responsible adult to attend 1 52. Transfer between courts 1 53. Telephone order made against child 1 53A. Children not to give oral evidence without leave of court, other than in Children's Court 1 53B. Evidence of children 1 53C. Child who gives evidence entitled to support 1 53D. Cross‑examination of child by unrepresented person 1 53E. Admissibility of evidence of representations made by children 1 53F. Summonsing of children 1 53G. Arrangements for care and wellbeing of children bound by restraining orders 1 Division 2 — Service 54. Service of summons 1 55. Service of restraining order 1 56. Delivery or notification 1 57. Copy of document sufficient for service 1 58. Proof of service 1 59. Service of restraining order, certain people to be notified of 1 60. Substituted service 1 Division 3 — Breach of restraining order or police order 61. Breach of restraining order 1 61A. Penalty for repeated breach of restraining order 1 61B. Protected person aiding breach of restraining order or police order 1 61C. Report under s. 10V to be considered in sentencing for breach of FVRO 1 62. Defence 1 Division 3A — Police functions 62A. Investigation of suspected family violence 1 62B. Entry and search of premises if family violence suspected 1 62C. Action to be taken by police officer after investigating suspected family violence 1 62D. Approval of senior officer 1 62E. Seizure of firearm items and explosives 1 62F. Detention of respondent during telephone hearing or while police order is being made 1 62G. Police officer may conduct hearing for applicant 1 Division 4 — General 63. Making restraining orders during other proceedings 1 63A. FVRO or VRO made if certain violent personal offences committed 1 63B. Circumstances to be taken into account when sentencing for certain offences 1 63C. Criminal and civil liability not affected by restraining orders 1 63D. Court to give reasons for certain decisions 1 64. Appeals 1 65. Orders not to conflict with certain family orders 1 66. Information about family orders 1 67. Adjournments 1 68. Orders may be extended to apply to other people 1 69. Costs 1 70. Information on identity of certain person restricted 1 70A. Exchange of information 1 71. Notification when firearms order made 1 72. Practice and procedure generally 1 72A. Forms 1 73. Regulation making power 1 73A. Review of certain amendments relating to FVROs 1 Part 7 — Interstate restraining orders 74. Terms used 1 74A. Interstate DVOs under Domestic Violence Orders (National Recognition) Act 2017 cannot be registered 1 74B. Interstate orders registered before commencement of Domestic Violence Orders (National Recognition) Act 2017 1 75. Application for registration of interstate order 1 76. Registration 1 77. Effect of registration 1 78. Variation or cancellation in another State or Territory 1 79. Variation or cancellation in this State 1 Part 7A — Foreign restraining orders 79A. Recognition of foreign restraining orders 1 79B. Applying for registration of foreign restraining orders 1 79C. Registration of foreign restraining orders 1 79D. Effect of registration 1 79E. Variation or cancellation in foreign country 1 79F. Variation or cancellation in this State 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Restraining Orders Act 1997 An Act to provide for orders to restrain people from committing family violence or personal violence by imposing restraints on their behaviour and activities, and for related purposes. [Long title amended: No. 38 of 2004 s. 4; No. 49 of 2016 s. 4.] Part 1 — Preliminary 1. Short title This Act may be cited as the Restraining Orders Act 1997. 2. Commencement This Act comes into operation on such day as is fixed by proclamation. 3. Terms used (1) In this Act unless the contrary intention appears — affidavit includes an electronic declaration made in accordance with the rules of court; application means an application made under this Act or the Domestic Violence Orders (National Recognition) Act 2017; assault includes an assault within the meaning of The Criminal Code; authorised magistrate means a magistrate authorised under section 17(1)(a); authorised person means a police officer or a person who is, or who is in a class of persons that is, prescribed in the regulations for the purposes of this definition; CEO (child welfare) means the CEO within the meaning of the Children and Community Services Act 2004; child means a person under 18 years of age; child welfare officer means — (a) the CEO as defined in section 3 of the Children and Community Services Act 2004; or (b) a person who is an authorised officer for the purposes of section 37 of that Act; Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892; conduct agreement order has the meaning given in section 10H(1); consent order means an order made under section 41(1) or 43(2); corresponding law, in relation to another State or Territory or a foreign country, means a law of that State, Territory or country that empowers a court of that State, Territory or country to make orders (however described) having an effect that is the same as or similar to the effect of restraining orders made under this Act; court includes an authorised magistrate; cyber‑stalking, in relation to a person, means stalking, monitoring the movement or communications of, or repeatedly communicating with or harassing, the person using electronic means; distributes has the meaning given in The Criminal Code section 221BA; explosive means a substance or an article that is controlled as an explosive under the Dangerous Goods Safety Act 2004; explosives licence means a licence, permit or authorisation to hold an explosive under the Dangerous Goods Safety Act 2004; exposed, in relation to family violence or personal violence, has the meaning given in section 6A(1); family court proceedings means proceedings under the Family Law Act 1975 (Commonwealth) or the Family Court Act 1997; family member has the meaning given in section 4(3); family order has the meaning given in section 5; family violence has the meaning given in section 5A(1); family violence restraining order means an order made under this Act imposing restraints of the kind referred to in section 10G; final order means any of the following — (a) in relation to an FVRO, a conduct agreement order; (b) in relation to a VRO or MRO, a consent order; (c) a restraining order that becomes a final order under section 32; (d) a restraining order made under section 40(3); (e) a restraining order made at a final order hearing; (f) a restraining order made under section 49(1)(b) to vary a final order, being a replacement or additional final order made under that section; (g) a restraining order that is a final order under section 63(4a) or 63A(3); final order hearing means a hearing fixed under section 33(1), 40(3), 41(4) or 43A(7)(b); firearm item means any of the following as defined in the Firearms Act 1973 section 4 — (a) a firearm; (b) a major firearm part; (c) a prohibited firearm accessory; (d) ammunition; firearms authorisation means — (a) a licence issued, permit granted or approval given, under the Firearms Act 1973, entitling a person to be in possession of a firearm item; or (b) an Extract of Licence (as defined in section 4(1) of that Act) issued in respect of a licence, permit or approval referred to in paragraph (a); or (c) any other Extract of Licence under that Act; fix a hearing has the meaning given in section 9; foreign restraining order means an order (however described) made by a court of a foreign country under a corresponding law of the country; imagined personal relationship means a relationship where one person claims to have, or have had, an intimate personal relationship, or other personal relationship, with another person but that other person disagrees with that claim; interim order means a telephone order or an order made under section 29(1)(a), 43A(7)(a) or 63(4b), the duration of which is more than 72 hours; intimate image has the meaning given in The Criminal Code section 221BA; kidnapping, or depriving the liberty of a person includes behaving towards the person in a manner described in The Criminal Code section 332; mention hearing means a hearing fixed under section 23(2), 26(3), 29(2) or 39; misconduct restraining order means an order made under this Act imposing restraints of the kind referred to in section 36; person protected means a person named in an order made under this Act as a person for whose benefit the order is made; person seeking to be protected means — (a) the person who has applied for a restraining order; or (b) if an application for a restraining order has been made on behalf of another person, the person on behalf of whom the application is made; person who is bound, in relation to an order made under this Act, means the person named in the order on whose lawful activities and behaviour restraints are imposed by the order; personal violence has the meaning given in section 6; police order means an order made by a police officer under Part 2A Division 3A; prepare and serve has the meaning given in section 10; prescribed form means a form prescribed in rules of court; proceedings under this Act means — (a) the hearing of an application; or (b) proceedings for an offence against this Act; property, in relation to a person, means property — (a) owned by the person; or (b) in the care or custody of the person; or (c) used or enjoyed by the person, or available for the person's use or enjoyment; or (d) at premises where the person lives or works; Public Advocate means the person holding or acting in the office of Public Advocate under the Guardianship and Administration Act 1990; registered, in relation to a foreign restraining order, means registered under section 79C; registrar means the registrar of the relevant court; respondent means the person against whom a restraining order is sought; restraining order means an FVRO, MRO or VRO; satisfied means satisfied on the balance of probabilities; sexual assault includes an offence under The Criminal Code Chapter XXXI; specified in relation to a restraining order, means specified in the order; stalking, a person, includes committing an offence under The Criminal Code Chapter XXXIIIB against the person; telephone application means an application under Division 2 for an FVRO or VRO; telephone order means an FVRO or VRO made on a telephone application; violence restraining order means an order made under this Act imposing restraints of the kind referred to in section 13; wellbeing has the same meaning as in the Children and Community Services Act 2004. (2) In this Act the following abbreviations are used — FVRO for family violence restraining order; MRO for misconduct restraining order; VRO for violence restraining order. [Section 3 amended: No. 10 of 1998 s. 62(1); No. 11 of 1999 s. 4; No. 22 of 2000 s. 4; No. 34 of 2004 Sch. 2 cl. 23(2); No. 38 of 2004 s. 5, 18(2), 25(2) and (3) and 57(2)‑(4); No. 59 of 2004 s. 124; No. 5 of 2008 s. 90; No. 49 of 2016 s. 5; No. 10 of 2017 s. 45; No. 4 of 2019 s. 9; No. 13 of 2020 s. 30; No. 30 of 2020 s. 52; No. 9 of 2022 s. 424; No. 13 of 2022 s. 79; No. 28 of 2024 s. 75.] 4. Terms used: family relationship and family member (1) In this Act — family relationship means a relationship between 2 persons — (a) who are, or were, married to each other; or (b) who are, or were, in a de facto relationship with each other; or (c) who are, or were, related to each other; or (d) one of whom is a child who — (i) ordinarily resides, or resided, with the other person; or (ii) regularly resides or stays, or resided or stayed, with the other person; or (e) one of whom is, or was, a child of whom the other person is a guardian; or (f) who have, or had, an intimate personal relationship, or other personal relationship, with each other; or (g) one of whom is the former spouse or former de facto partner of the other person's current spouse or current de facto partner. (2) In subsection (1) — other personal relationship means a personal relationship of a domestic nature in which the lives of the persons are, or were, interrelated and the actions of one person affects, or affected, the other person; related, in relation to a person, means a person who — (a) is related to that person taking into consideration the cultural, social or religious backgrounds of the 2 persons; or (b) is related to the person's — (i) spouse or former spouse; or (ii) de facto partner or former de facto partner. (3) In this Act a person is a family member of another person if the persons are in a family relationship. [Section 4 inserted: No. 38 of 2004 s. 6; amended: No. 49 of 2016 s. 6; No. 30 of 2020 s. 53.] 5. Term used: family order (1) A reference in this Act to a family order is a reference to — (a) a parenting order made under the Family Law Act 1975 of the Commonwealth or the Family Court Act 1997, as is relevant to the case, that deals with — (i) the person or persons with whom a child is to live; or (ii) the time a child is to spend with another person or other persons; or (iii) the communication a child is to have with another person or other persons; [(b) deleted] (c) any of the things set out in subsection (2) — (i) to the extent that the thing deals with the person or persons with whom a child is to live; or (ii) to the extent that the thing requires or authorises (expressly or impliedly) contact between a child and another person or other persons; (d) a right or liability within the meaning of the Family Court of Western Australia (Orders of Registrars) Act 1997 of the Commonwealth that — (i) is in respect of a matter to which paragraph (a) or (c) applies; and (ii) is conferred, imposed or affected by section 5 of that Act. Note: The effects of the transitional provisions of the Family Law Reform Act 1995 of the Commonwealth apply to rights and liabilities referred to in the Family Court of Western Australia (Orders of Registrars) Act 1997 of the Commonwealth — s. 4(5) of the latter Act. (2) The things referred to in subsection (1)(c) are — (a) a recovery order or any other order (however described) made; or (b) an injunction granted; or (c) an undertaking given to, and accepted by, a court; or (d) a parenting plan, whether registered or not; or (e) a bond entered into in accordance with an order, under the Family Law Act 1975 of the Commonwealth or the Family Court Act 1997, as is relevant to the case, or any thing treated, under either of those Acts or the Family Law Reform Act 1995 of the Commonwealth, as an order or thing referred to in subsection (1). Note: Under clause 5 of Schedule 2 to the Family Court Act 1997 the effects of the transitional provisions in that clause apply to rights and liabilities referred to in the Family Court (Orders of Registrars) Act 1997. [Section 5 inserted: No. 41 of 1997 s. 36; amended: No. 35 of 2006 s. 207; No. 5 of 2023 s. 12.] 5A. Term used: family violence (1) A reference in this Act to family violence is a reference to — (a) violence, or a threat of violence, by a person towards a family member of the person; or (b) any other behaviour or pattern of behaviour by the person that coerces or controls the family member or causes the member to be fearful. (1A) Behaviour or a pattern of behaviour referred to in subsection (1)(b) — (a) may occur over a period of time; and (b) may be more than 1 act, or a series of acts, that when considered cumulatively coerces or controls the family member or causes the member to be fearful; and (c) is to be considered in the context of the relationship between the person and the family member as a whole. (2) Examples of behaviour or a pattern of behaviour that may constitute family violence include (but are not limited to) the following — (a) an assault against the family member; (b) a sexual assault or other sexually abusive behaviour against the family member; (c) stalking or cyber‑stalking the family member; (d) repeated derogatory remarks against the family member; (e) damaging or destroying property of the family member; (f) causing death or injury to an animal that is the property of the family member; (g) unreasonably denying the family member the financial autonomy that the member would otherwise have had; (h) unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or a child of the member, at a time when the member is entirely or predominantly dependent on the person for financial support; (ha) coercing, threatening, or causing physical abuse, emotional or psychological abuse or financial abuse, in connection with demanding or receiving dowry, whether before or after any marriage; (i) preventing the family member from making or keeping connections with the member's family, friends or culture; (j) kidnapping, or depriving the liberty of, the family member, or any other person with whom the member has a family relationship; (k) distributing an intimate image of the family member without the family member's consent, or threatening to distribute the image; (l) causing any family member who is a child to be exposed to behaviour or a pattern of behaviour referred to in this section. (3) For the purposes of this Act, a person who procures another person to commit family violence is taken to have also committed the family violence. [Section 5A inserted: No. 49 of 2016 s. 7; amended: No. 4 of 2019 s. 10; No. 30 of 2020 s. 54; No. 28 of 2024 s. 48.] 6. Term used: personal violence [(1) deleted] (2) In this Act — personal violence means one of the following acts that a person commits against another person with whom he or she is not in a family relationship — (a) assaulting or causing personal injury to the person; (b) kidnapping, or depriving the liberty of, the person; (c) stalking the person; (d) threatening to commit any act described in paragraph (a) or (b) against the person; (e) if the person who commits the act has an imagined personal relationship with the person against whom the act is committed, an act that would constitute family violence if those persons were in a family relationship. (3) For the purposes of this Act, a person who procures another person to commit personal violence is taken to have also committed the personal violence. [Section 6 inserted: No. 38 of 2004 s. 7; amended: No. 5 of 2008 s. 91; No. 49 of 2016 s. 8.] 6A. Term used: exposed (1) For the purposes of this Act, a child is exposed to family violence or personal violence if the child sees or hears the violence or otherwise experiences the effects of the violence. (2) Examples of situations that may constitute a child being exposed to family violence or personal violence include (but are not limited to) the child — (a) overhearing threats of death or personal injury to a person; or (b) seeing or hearing an assault of a person; or (c) comforting or providing assistance to a person who has been assaulted; or (d) cleaning up a site after property damage; or (e) being present when police or ambulance officers attend an incident involving the violence. [Section 6A inserted: No. 49 of 2016 s. 9.] 7. Persons protected, and bound, by order to be natural persons A person protected by an order under this Act, and a person who is bound by an order under this Act, must be natural persons. [Section 7 inserted: No. 38 of 2004 s. 8; amended: No. 49 of 2016 s. 10.] 7A. Orders under this Act imposing restraints An order imposing restraints may be made under this Act by — (a) the Magistrates Court hearing an application under section 24A, 25, 38 or 45; or (b) the Children's Court hearing an application under section 24A, 25, 38 or 45; or (c) an authorised magistrate hearing a telephone application; or (d) a court acting under section 63 or 63A; or (e) a police officer acting under Part 2A Division 3A; or (f) a registrar acting under Part 5A. [Section 7A inserted: No. 38 of 2004 s. 8; amended: No. 59 of 2004 s. 124; No. 49 of 2016 s. 11; No. 30 of 2020 s. 55; No. 28 of 2024 s. 75.] 8A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act. [Section 8A inserted: No. 20 of 2013 s. 109.] Part 1A — Restraining orders generally [Heading inserted: No. 38 of 2004 s. 9.] 8. Explanation about orders to be given (1) Subject to this section, a court that makes a restraining order is to explain, as is appropriate, to — (a) the person who is bound by the order; and (b) the — (i) person protected by the order; or (ii) parent or guardian of that person, if the parent or guardian made the application for the order on behalf of that person, who are in court when the order is made — (c) the purpose, terms and effects of the order, including that the order may be registered and enforced in another Australian jurisdiction; and (d) the consequences that may follow if the person who is bound by the order contravenes the order; and (e) the consequences that may follow if the person protected by the order — (i) encourages or invites the person who is bound by the order to contravene the order; or (ii) by his or her actions causes the person who is bound by the order to breach the order; and (f) that the order must be varied or cancelled if the person who is bound by the order and the person protected by the order intend to have contact or reconcile with the other person; and (g) how the order may be varied, cancelled or extended; and (h) if the order is an FVRO or VRO, the effects of sections 14, 14A and 62E relating to firearm items and explosives; and (ha) if the order is an FVRO, the effect of the Domestic Violence Orders (National Recognition) Act 2017; (i) that counselling and support services may be of assistance, and where appropriate, the court is to refer the person to specific services. (2) If a person to whom an explanation is to be given under subsection (1) does not readily understand English, or the court is not satisfied that the person understood the explanation, the court is, as far as practicable, to arrange for someone else who is 18 years of age or older to give the explanation to the person in a way that the person can understand. (2A) However, a person giving an explanation under subsection (2) must not be a person of a class prescribed in the regulations. (3) If — (a) a person referred to in subsection (1)(a) or (b) is not present in court when the order is made; or (b) it is not practicable for the court to give the explanation at the time the restraining order is made, then the registrar is to cause a document containing the explanation to be — (c) in the case of subsection (1)(a), served on the person; and (d) in the case of subsection (1)(b), delivered to the person. (4) An order is not invalid merely because a person who should have been given the explanation referred to in subsection (1) was not given the explanation. [Section 8 inserted: No. 38 of 2004 s. 9; amended: No. 59 of 2004 s. 123; No. 49 of 2016 s. 12; No. 10 of 2017 s. 46; No. 30 of 2020 s. 56; No. 13 of 2022 s. 80.] 9. Fixing a hearing The rules of court may make provision for — (a) fixing, selecting or arranging a day, time and place for a hearing; and (b) requiring a person to attend a hearing; and (c) preparing, or arranging for the preparation of, a summons in the prescribed form; and (d) causing a summons to be served on a person; and (e) notifying all other parties of the hearing. [Section 9 inserted: No. 13 of 2020 s. 31.] 10. Preparation and service of orders (1) A restraining order may be prepared in a manner authorised under the rules of court and the rules may make provision for — (a) serving the respondent's copy and the respondent's endorsement copy (if 1 is required to be served) of the order on the person who is bound by the order; and (b) delivering the applicant's copy of the order to — (i) the person seeking to be protected by the order; or (ii) the parent or guardian of that person, if the parent or guardian made the application for the order on behalf of that person; and (c) delivering the police copy of the order to the Commissioner of Police; and (d) placing the court copy of the order on the court's records. (1A) If a restraining order is taken to have been served under section 55(3a), the respondent's copy and the respondent's endorsement copy are not required to be served under rules of court made under subsection (1)(a) but are to be — (a) delivered to the respondent; and (b) if rules of court make provision for delivery under paragraph (a) — delivered in accordance with those rules. (2) If an authorised person is to prepare and serve a telephone order the person is to prepare the order in the prescribed form in accordance with the instructions of the authorised magistrate who made the order and cause — (a) the respondent's copy and the respondent's endorsement copy of the order to be served on the respondent; and (b) the applicant's copy of the order to be delivered to — (i) the person seeking to be protected by the order; or (ii) the parent or guardian of that person, where the parent or guardian made the application for the order on behalf of that person; and (c) the police copy of the order to be delivered to the Commissioner of Police; and (d) the court copy of the order to be delivered to the Magistrates Court at the place where the authorised magistrate who made the order sits. (3) The registrar of the Magistrates Court to which the court copy of the order is delivered under subsection (2)(d) is to cause the order to be delivered to the authorised magistrate who made it and a copy of it to be delivered — (a) if the respondent is a child, to the Children's Court; or (b) otherwise, to the Magistrates Court, at the place nearest to where the respondent lives. (3a) The registrar of the court to which an order is delivered under subsection (3) is to register it. (4) If a police officer is to prepare and serve a police order the officer is to prepare the order in the form prescribed in the regulations and cause — (a) the person to be bound by the order to be personally served with it; and (b) a copy of the order to be given to the person for whose benefit the order is to be made; and (c) the police copy of the order to be delivered to the Commissioner of Police. [Section 10 amended: No. 38 of 2004 s. 10, 18(3) and 38(4); No. 59 of 2004 s. 123 and 124; No. 5 of 2008 s. 92; No. 49 of 2016 s. 13; No. 13 of 2020 s. 32.] Part 1B — Family violence restraining order [Heading inserted: No. 49 of 2016 s. 14.] 10A. Objects The objects of this Part are as follows — (a) to maximise the safety of persons who have experienced, or are at risk of, family violence; (b) to prevent, or reduce to the greatest extent possible, the incidence and consequences of family violence; (c) to protect the wellbeing of children by preventing them from being subjected or exposed to family violence; (d) to encourage perpetrators of family violence to accept responsibility for their behaviour and the effect it has on others; (e) to make perpetrators of family violence accountable to the court for contraventions of court‑imposed restrictions designed to prevent them from committing further family violence. [Section 10A inserted: No. 49 of 2016 s. 14.] 10B. Principles to be observed in performing functions in relation to FVROs (1) In performing a function under this Act relating to FVROs, a person, court or other body must have regard to the following — (a) the need to ensure that persons at risk of family violence are protected from that violence; (b) the need to prevent behaviour that could reasonably be expected to cause a person to apprehend that they will have family violence committed against them; (c) the particular need to ensure the wellbeing of children by protecting them from family violence, behaviour referred to in paragraph (b) or otherwise being subjected or exposed to family violence; (d) that perpetrators of family violence are solely responsible for that violence and its impact on others and should be held accountable accordingly; (e) that complex emotional factors arising from coercion, control and fear often make it difficult for victims of family violence to report the violence or leave a family relationship in which family violence is being committed; (f) the need to understand the impact of factors such as culture (including Aboriginal and Torres Strait Island culture), language, sexual orientation, gender identity, age, disability and remoteness of location in reporting family violence or leaving a family relationship in which family violence is being committed; (g) that perpetrators of family violence who are children have special needs and that these must be taken into account; (h) the need to identify, to the extent possible, the person or persons in a family relationship most in need of protection from family violence, including in situations where 2 or more family members are committing that violence; (i) the need to recognise that perpetrators of family violence might seek to misuse the protections available under this Act to further their violence, and the need to prevent that misuse; (j) that in order to encourage victims of family violence to report that violence and seek help, proceedings under this Act should be conducted in a way that treats victims with respect and dignity and endeavours to reduce the degree to which victims might be subject to re‑traumatisation during those proceedings. (2) The person, court or other body is to have regard to the matters set out in subsection (1)(a), (b) and (c) as being of primary importance. [Section 10B inserted: No. 49 of 2016 s. 14.] 10C. FVRO to specify names of person bound, and person protected, by order An FVRO is to specify — (a) the name of the person for whose benefit the order is made; and (b) the name of the person on whose lawful activities and behaviour restraints are imposed by the order. [Section 10C inserted: No. 49 of 2016 s. 14.] 10D. When FVROs may be made (1) A court may make an FVRO if it is satisfied that — (a) the respondent has committed family violence against a person seeking to be protected and the respondent is likely again to commit family violence against that person in the future; or (b) a person seeking to be protected, or a person who has applied for the order on behalf of that person, has reasonable grounds to apprehend that the respondent will commit family violence against the person seeking to be protected. (2) If the court is satisfied in accordance with subsection (1), the court must make the order unless there are special circumstances that would make the order inappropriate. (3) For the purposes of subsection (2), special circumstances do not exist simply because the applicant or respondent can apply, or has applied, for a particular family order. [Section 10D inserted: No. 49 of 2016 s. 14.] 10E. FVRO may be made for child in circumstances of family violence (1) An FVRO may be made for the benefit of a child if the court is satisfied that — (a) the child has been exposed to family violence committed by or against a person with whom the child is in a family relationship and the child is likely again to be exposed to such violence; or (b) the applicant, the child or a person with whom the child is in a family relationship has reasonable grounds to apprehend that the child will be exposed to family violence committed by or against a person with whom the child is in a family relationship. (2) If the court is satisfied in accordance with subsection (1), the court must make the order unless there are special circumstances that would make the order inappropriate. (3) For the purposes of subsection (2), special circumstances do not exist simply because the applicant or respondent can apply, or has applied, for a particular family order. [Section 10E inserted: No. 49 of 2016 s. 14.] 10F. Matters to be considered by court generally (1) When considering whether to make an FVRO and the terms of the order, a court is to have regard to the following — (a) the need to ensure that the person seeking to be protected is protected from family violence; (b) the need to prevent behaviour that could reasonably be expected to cause the person seeking to be protected to apprehend that they will have family violence committed against them; (c) the need to ensure the wellbeing of children by protecting them from family violence, behaviour referred to in paragraph (b) or otherwise being subjected or exposed to family violence; (d) the accommodation needs of the respondent and the person seeking to be protected; (e) the past history of the respondent and the person seeking to be protected with respect to applications under this Act, whether in relation to the same act or persons as are before the court or not; (f) hardship that may be caused to the respondent if the order is made; (g) any family orders; (h) other current legal proceedings involving the respondent or the person seeking to be protected; (i) any criminal convictions of the respondent; (j) any police orders made against the respondent; (k) any previous similar behaviour of the respondent whether in relation to the person seeking to be protected or otherwise; (l) any police incident reports relating to the respondent; (m) any risk assessment, or risk‑relevant information, relating to the relationship between the respondent and the person seeking to be protected; (n) any other matters the court considers relevant. (2) A court is to have regard to the matters set out in subsection (1)(a), (b) and (c) as being of primary importance. (3) In having regard to the matters set out in subsection (1)(e), a past history of applications under this Act is not to be regarded in itself as sufficient to give rise to any presumption as to the merits of the application. (4) The Commissioner of Police, is, where practicable, to provide to a court any information in the possession of the Police Force of Western Australia referred to in subsection (1)(i), (j) or (l) that is relevant to a matter before the court. (5) The information is to be provided in the form of a certificate signed by — (a) a police officer of or above the rank of sergeant; or (b) a person — (i) employed or engaged in the department of the Public Service principally assisting the Minister in the administration of the Police Act 1892; and (ii) approved by the Commissioner of Police for the purposes of this subsection. (6) The certificate is prima facie evidence of the matters specified in it, without proof of the signature of the person purporting to have signed it or proof that the purported signatory was a police officer of or above the rank of sergeant or a person referred to in subsection (5)(b), as the case requires. (7) In addition to subsections (3) to (6), the court may have regard to any of its own records for the purposes of subsection (1). (8) Records referred to in subsection (7) are taken to be proof of their contents in the absence of evidence to the contrary. [Section 10F inserted: No. 49 of 2016 s. 14.] 10G. Restraints on respondent (1) In making an FVRO a court may impose such restraints on the lawful activities and behaviour of the respondent as the court considers appropriate to prevent the respondent — (a) committing family violence against the person seeking to be protected; or (b) if the person seeking to be protected by the order is a child, exposing a child to family violence committed by the respondent; or (c) behaving in a manner that could reasonably be expected to cause the person seeking to be protected to apprehend that they will have family violence committed against them. (2) Without limiting the restraints that may be imposed under subsection (1), a court may restrain the respondent from doing all or any of the following — (a) being on or near premises where the person seeking to be protected lives or works; (b) being on or near specified premises or in a specified locality or place; (c) approaching within a specified distance of the person seeking to be protected; (d) stalking or cyber‑stalking the person seeking to be protected; (e) communicating, or attempting to communicate, (by whatever means) with the person seeking to be protected; (f) preventing the person seeking to be protected from obtaining and using personal property reasonably needed by the person seeking to be protected, even if the respondent is the owner of, or has a right to be in possession of, the property; (g) distributing an intimate image of the person seeking to be protected, or threatening to distribute the image; (h) causing or allowing another person to engage in conduct of a type referred to in paragraphs (a) to (g). (3) A restraint may be imposed on the respondent on such terms as the court considers appropriate. (4) An FVRO may restrain the respondent from entering or remaining in a place, or restrict the respondent's access to a place, even if the respondent has a legal or equitable right to be at the place. (5) If an FVRO imposes a restraint referred to in subsection (4), or for some other reason the court is satisfied that it is necessary to do so, the court is to ensure that the order makes provision for the person seeking to be protected, or the respondent, to recover personal property, and other property of a kind prescribed in the regulations, from a place specified in the order — (a) in the manner set out by the court in the order; or (b) in accordance with the procedures set out in the regulations. (6) An FVRO may inform the respondent that certain behaviour and activities are unlawful. [Section 10G inserted: No. 49 of 2016 s. 14; amended: No. 4 of 2019 s. 11.] 10H. Conduct agreement (1) If, at any stage of proceedings under this Act relating to an FVRO, the respondent agrees (a conduct agreement) to the making of a final order imposing restraints of the kind referred to in section 10G (a conduct agreement order), the court may make the order without being satisfied there are grounds for making an FVRO in the same terms. (2) A conduct agreement does not constitute an admission by the respondent of all or any of the matters alleged in the application for the relevant FVRO. (3) A conduct agreement order is not an FVRO but is taken to be an FVRO for the purposes of this Act. (4) The registrar must cause a conduct agreement order to be prepared and served on the respondent. [Section 10H inserted: No. 49 of 2016 s. 14.] Part 1C — Behaviour management order [Heading inserted: No. 49 of 2016 s. 14.] Division 1 — Preliminary [Heading inserted: No. 49 of 2016 s. 14.] 10I. Terms used In this Part — behaviour change order has the meaning given in section 10M(1); behaviour change programme has the meaning given in section 10P(2); behaviour change programme provider has the meaning given in section 10P(3); behaviour management order means — (a) an eligibility assessment order; or (b) a behaviour change order; court means a court prescribed in the regulations for the purposes of this Part; eligibility assessment interview has the meaning given in section 10L(1)(b); eligibility assessment order has the meaning given in section 10L(1); eligibility assessment report has the meaning given in section 10L(1)(a); eligibility assessor has the meaning given in section 10P(1). proceeding means a proceeding under this Part; variation or cancellation order has the meaning given in section 10T. [Section 10I inserted: No. 49 of 2016 s. 14.] 10J. Objects The objects of this Part are to provide for a court that has made a final order that is an FVRO to make an additional order — (a) to assess the eligibility of the respondent for a programme designed — (i) to encourage the respondent to accept responsibility for the respondent's family violence and the effect it has on others; and (ii) to encourage the respondent to stop committing further family violence; and (b) if appropriate, to require the respondent to attend the programme. [Section 10J inserted: No. 49 of 2016 s. 14.] 10K. Application of Part This Part applies to a respondent only if — (a) a final order that is an FVRO has been made against the respondent; and (b) the respondent is an adult. [Section 10K inserted: No. 49 of 2016 s. 14.] Division 2 — Eligibility assessment order [Heading inserted: No. 49 of 2016 s. 14.] 10L. Making an eligibility assessment order (1) The court may, on the application of the person protected by the final order or on its own initiative, make an order requiring — (a) an eligibility assessor to give a report (an eligibility assessment report) to the court, by a date specified in the order, on whether the respondent is eligible to attend a behaviour change programme; and (b) the respondent to attend an interview (an eligibility assessment interview) with the eligibility assessor for the purposes of preparing the eligibility assessment report. (2) However, a court is not to make an eligibility assessment order if — (a) there is already in force a behaviour management order in respect of the respondent; or (b) the court is satisfied that — (i) there is no behaviour change programme that is reasonably practicable for the respondent to attend; or (ii) in all the circumstances of the case, it is not appropriate to make the order. (3) The eligibility assessment report must assess the respondent as eligible to attend a behaviour change programme unless the eligibility assessor considers that the respondent does not have the ability or capacity to participate in a behaviour change programme because of one or more of the following — (a) the respondent's character, personal history or language skills; (b) any disabilities of the respondent; (c) any severe mental health conditions of the respondent; (d) any alcohol or other drug problems of the respondent; (e) any other matters that the eligibility assessor considers relevant. (4) An eligibility assessment order must — (a) specify the date by which the respondent must undergo an eligibility assessment interview; and (b) require the eligibility assessor to give reasonable written notice to the respondent of the interview; and (c) require the respondent to attend that interview. (5) A respondent who, without reasonable excuse, contravenes an eligibility assessment order by failing to attend the eligibility assessment interview commits an offence. Penalty for this subsection: a fine of $1 000. (6) The respondent is taken to have contravened the order by failing to attend the eligibility assessment interview if the respondent does not attend the interview at the time and place specified in the notice under subsection (4)(b). [Section 10L inserted: No. 49 of 2016 s. 14.] 10M. Order to attend behaviour change programme (1) If a court is given an eligibility assessment report and is satisfied that the respondent is eligible to attend a behaviour change programme, it must make an order (a behaviour change order) requiring the respondent to attend the behaviour change programme. (2) However, a court is not required to make the order if — (a) there is already in force a behaviour change order in respect of the respondent; or (b) the court is satisfied that — (i) there is no behaviour change programme that is reasonably practicable for the respondent to attend; or (ii) in all the circumstances of the case, it is not appropriate to make the order. (3) An order under subsection (1) must — (a) specify the date by which the respondent must contact the behaviour change programme provider; and (b) require the behaviour change programme provider to give reasonable written notice to the respondent of the behaviour change programme sessions to be conducted in the course of that programme; and (c) require the respondent to attend each of those sessions. (4) A respondent who, without reasonable excuse, contravenes a behaviour change order by failing to attend a behaviour change programme commits an offence. Penalty for this subsection: a fine of $1 000. (5) The respondent is taken to have contravened the order by failing to attend a behaviour change programme if the respondent does not attend a behaviour change programme session at the time and place specified in the notice under subsection (3)(b). (6) A respondent who contravenes a behaviour change order is only liable to be prosecuted once for an offence against subsection (4), regardless of how many behaviour change programme sessions the respondent fails to attend. [Section 10M inserted: No. 49 of 2016 s. 14.] 10N. Effect of appeal against final order (1) If an appeal is lodged under section 64 against a decision to make a final order against a respondent — (a) the operation of a related behaviour management order in respect of the respondent is stayed for any period during which the operation of the whole of the final order is stayed; and (b) a related behaviour management order in respect of the respondent ceases to be in force if the effect of the appeal is that the final order ceases to be in force, unless the court hearing the appeal makes an order to the contrary. (2) A behaviour management order in respect of a respondent does not otherwise cease to be in force merely because the related final order made against the respondent ceases to be in force. [Section 10N inserted: No. 49 of 2016 s. 14.] Division 3 — Procedures relating to behaviour management order [Heading inserted: No. 49 of 2016 s. 14.] 10O. Notice of hearings (1) Before a court makes a behaviour management order, or varies or cancels a behaviour management order, a registrar for the court must cause the notice of the hearing to be served on the respondent. (2) The court may make the order in the respondent's absence if the respondent fails to attend the hearing. (3) Despite subsection (1), if the respondent is before a court when it makes a final order against the respondent, the court may make an eligibility assessment order, without giving any notice to the respondent, immediately after it makes the final order. [Section 10O inserted: No. 49 of 2016 s. 14.] 10P. Approval of persons and of behaviour change programme (1) The Minister may approve, in writing, any person (an eligibility assessor) who the Minister considers has appropriate experience and qualifications to conduct eligibility assessment interviews and prepare eligibility assessment reports. (2) The Minister may approve, in writing, a programme (a behaviour change programme) that the Minister considers appropriate to — (a) facilitate the acceptance by a respondent of responsibility for the respondent's family violence and the effect it has on others; and (b) encourage the respondent to stop committing further family violence; and (c) deal with any other issues relating to the perpetrators of family violence. (3) For the purposes of subsection (2), the Minister is to specify the person or body providing a behaviour change programme (a behaviour change programme provider). (4) The Minister must make available to a court if asked — (a) a list of the persons approved under subsection (1) and their contact details; and (b) a list of the behaviour change programmes approved under subsection (2); and (c) the contact details of the behaviour change programme providers under subsection (3). [Section 10P inserted: No. 49 of 2016 s. 14.] 10Q. Eligibility assessor may be required to attend hearing (1) The court or the respondent may require an eligibility assessor to attend to give evidence at the hearing of the proceeding to which the report relates by filing a written notice with the court as soon as possible and, if practicable, not later than 2 working days before the hearing. (2) On the filing of a notice, a registrar for the court must immediately arrange for the person concerned to be notified that the person's attendance is required on the date stated in the notice. (3) A person who under this section, has been required by the respondent to attend the hearing of a proceeding must, if required by the respondent, be called as a witness and may be cross‑examined by the respondent on the contents of the eligibility assessment report. [Section 10Q inserted: No. 49 of 2016 s. 14.] 10R. Disputed eligibility assessment report (1) If the respondent disputes any matter in an eligibility assessment report, the court must not take the disputed matter into consideration when determining the proceeding unless it is satisfied, on the balance of probabilities, that the matter is true. (2) The court must not, without the respondent's consent, take into consideration an eligibility assessment report, or part of such a report, when determining the proceeding if — (a) the respondent disputes all or part of the report; and (b) the eligibility assessor who gave the report to the court does not attend the hearing of the proceeding despite having been required to attend under section 10Q. [Section 10R inserted: No. 49 of 2016 s. 14.] 10S. Explanation of behaviour management orders If a court proposes to make a behaviour management order and the respondent is before the court, it must explain to the respondent before making the order — (a) the purpose, terms and effect of the proposed order; and (b) the consequences that may follow if the respondent fails to comply with the terms of the proposed order; and (c) the means by which the proposed order may be varied or cancelled. [Section 10S inserted: No. 49 of 2016 s. 14.] 10T. Variation or cancellation of behaviour management orders (1) A court may make an order (a variation or cancellation order) varying or cancelling a behaviour management order if — (a) in relation to a behaviour management order — (i) there is no longer any behaviour change programme that is reasonably practicable for the respondent to attend; or (ii) in all the circumstances of the case, the order is no longer appropriate for any other reason; or (b) in relation to a behaviour change order, there has been a change in the circumstances in which the order was made that significantly impacts on the respondent's ability or capacity to participate in a behaviour change programme. (2) A court may make the order on its own initiative or on the application of — (a) the respondent; or (b) in relation to an eligibility assessment order, the eligibility assessor; or (c) in relation to a behaviour change order, the behaviour change programme provider. (3) The appropriate registrar for the court must cause a copy of an application under subsection (2) to be served on — (a) in relation to an application by the respondent, the eligibility assessor or behaviour change programme provider, as the case may be; or (b) in relation to an application by the eligibility assessor or behaviour change programme provider, the respondent. [Section 10T inserted: No. 49 of 2016 s. 14.] 10U. Service of orders (1) If a court makes a behaviour management order, the registrar is to prepare the order in the prescribed form and — (a) cause the respondent's copy and the respondent's endorsement copy (if one is required to be served) of the order to be served on the person who is bound by the order; and (b) cause the applicant's copy of the order to be delivered to — (i) in relation to an eligibility assessment order, or a variation or cancellation order relating to an eligibility assessment order, the eligibility assessor; or (ii) in relation to a behaviour change order, or a variation or cancellation order relating to a behaviour change order, the behaviour change programme provider. (2) The registrar must cause a copy of the eligibility assessment report, a report under section 10V or a certificate under section 10W to be served on the respondent as soon as practicable, and not later than 10 days after a court receives the report or certificate, as the case requires. [Section 10U inserted: No. 49 of 2016 s. 14.] Division 4 — Other matters [Heading inserted: No. 49 of 2016 s. 14.] 10V. Respondent's participation in behaviour change programme (1) This section applies if a respondent participates in a behaviour change programme. (2) The behaviour change programme provider must, as soon as practicable after the end of a programme, provide a report, in the prescribed form, to the court specifying details of the following — (a) whether the respondent completed the programme and the respondent's general attendance at the programme; (b) an assessment of the extent to which the respondent's behaviour has changed or is likely to change; (c) an assessment of whether the respondent is still a safety risk to any family member for whose protection the relevant behaviour management order was made (the victim); (d) any known views of the victim regarding the matters referred to in paragraphs (a) to (c). [Section 10V inserted: No. 49 of 2016 s. 14.] 10W. Respondent's contravention of behaviour management order (1) This section applies if a respondent contravenes a behaviour management order. (2) The eligibility assessor or behaviour change programme provider, as the case may be, must — (a) notify the Commissioner of Police, in writing, of the contravention; and (b) lodge with the court that made the behaviour management order a certificate, in the prescribed form, setting out the details of the contravention. (3) In the absence of evidence to the contrary, the certificate referred to in paragraph (b) is proof of the facts contained in it. [Section 10W inserted: No. 49 of 2016 s. 14.] 10X. Confidentiality of interviews and reports (1) An eligibility assessor must not disclose any information obtained during the course of conducting an eligibility assessment interview or preparing an eligibility assessment report to any person who is not entitled to receive or have access to the report. Penalty for this subsection: a fine of $1 000. (2) A person who receives or otherwise has access to all or part of an eligibility assessment report, or a copy of the report, must not disclose any information contained in the report to any person who is not entitled to receive or have access to the report. Penalty for this subsection: a fine of $1 000. (3) A behaviour change programme provider must not disclose any information in a report under section 10V to any person who is not entitled to receive or have access to the report. Penalty for this subsection: a fine of $1 000. (4) A person who receives or otherwise has access to all or part of a report under section 10V, or a copy of the report, must not disclose any information contained in the report to any person who is not entitled to receive or have access to the report. Penalty for this subsection: a fine of $1 000. (5) This section does not apply to the following disclosures — (a) a disclosure by, or authorised in writing by, the respondent who is the subject of the eligibility assessment report; (b) a disclosure to a legal practitioner in connection with the giving of legal advice or the provision of representation in a proceeding under this Act; (c) a disclosure that is authorised by a court as necessary for the purposes of this Part or proceedings for a contravention of an order under this Part (including any offence constituted by such a contravention); (d) a disclosure that is required, authorised or permitted (whether expressly or impliedly) by or under a law or by a court; (e) a disclosure that does not identify the respondent or from which the respondent's identity cannot reasonably be ascertained; (f) a disclosure of a kind prescribed in the regulations. [Section 10X inserted: No. 49 of 2016 s. 14.] 10Y. Confidentiality of behaviour change programme (1) A behaviour change programme provider must not disclose any information obtained during the course of providing the behaviour change programme to any person who is not entitled to the information. Penalty for this subsection: a fine of $1 000. (2) Subsection (1) does not apply to the following disclosures — (a) a disclosure by, or authorised in writing by, the respondent to whom the behaviour change programme is provided; (b) a disclosure to a legal practitioner in connection with the giving of legal advice or the provision of representation in a proceeding under this Act; (c) a disclosure that is authorised by a court as necessary for the purposes of this Part or of a proceeding; (d) a disclosure that is required, authorised or permitted (whether expressly or impliedly) by or under a law or by a court; (e) a disclosure that does not identify the respondent or from which the respondent's identity cannot reasonably be ascertained; (f) a disclosure of a kind prescribed in the regulations. [Section 10Y inserted: No. 49 of 2016 s. 14.] 10Z. Delegation The Minister may delegate to an officer of the department of the Public Service principally assisting the Minister in the administration of this Act all or any of the functions that the Minister has under this Part, other than this power of delegation. [Section 10Z inserted: No. 49 of 2016 s. 14.] Part 2 — Violence restraining order [Division heading deleted: No. 49 of 2016 s. 15.] 11. VRO to specify names of person bound, and person protected, by order A VRO is to specify — (a) the name of the person for whose benefit the order is made; and (b) the name of the person on whose lawful activities and behaviour restraints are imposed by the order. [Section 11 inserted: No. 38 of 2004 s. 11; amended: No. 49 of 2016 s. 16.] 11A. When VROs may be made A court may make a VRO if it is satisfied that — (a) the respondent has committed personal violence against a person seeking to be protected and the respondent is likely again to commit personal violence against that person; or (b) a person seeking to be protected, or a person who has applied for the order on behalf of that person, has reasonable grounds to apprehend that the respondent will commit personal violence against the person seeking to be protected, and that making a VRO is appropriate in the circumstances. [Section 11A inserted: No. 38 of 2004 s. 11; amended: No. 49 of 2016 s. 17.] [11B. Deleted: No. 49 of 2016 s. 18.] 12. Matters to be considered by court generally (1) When considering whether to make a VRO and the terms of the order a court is to have regard to the following — (a) the need to ensure that the person seeking to be protected is protected from personal violence; (b) the need to prevent behaviour that could reasonably be expected to cause the person seeking to be protected to apprehend that they will have personal violence committed against them; (c) the need to ensure the wellbeing of children by protecting them from personal violence, behaviour referred to in paragraph (b) or otherwise being exposed to personal violence; (d) the accommodation needs of the respondent and the person seeking to be protected; (da) the past history of the respondent and the person seeking to be protected with respect to applications under this Act, whether in relation